Research On The Specificity Of Encumbered Property And Its Leniency

In the pre-Civil Code era,Chinese laws mainly adopted a specific legislative model for the description rules of secured property.The flow of capital and the use of guarantees have a certain symbiosis.Prosperous finance must rely on trust guarantees.With the steady development of my country’s capital market,the original description rules of guarantee assets are obviously difficult to adapt to the needs of the development of the times.Entering the era of "Civil Code",the original guarantee legal system has been broken through,and the classification of basic guarantee categories is formed by typical guarantee and SARS guarantee.Especially for the establishment of the guarantee functions of accounts receivable,financial leasing,and title retention that are not typical guarantees,the demand for the description of the guarantee property in practice is increasing day by day.In response to the needs of practice,the Civil Code and related judicial interpretations have changed the previous rules on the description of secured property.On the one hand,the U.S.Uniform Commercial Code and the legislative models of other countries are adopted to ease the basic description rules by "quantity + character".On the other hand,my country has made great changes in improving the guarantee registration rules,simplifying the registration items,and unifying the registration authority.However,any reform is not achieved overnight,and there are still major imperfections in the description rules of guaranteed property in my country.On the one hand,because my country’s civil legislation still continues the thick-line legislative path,the implementation of specific norms depends on the improvement of supporting measures.On the other hand,although my country’s guarantee registration system has been improved,there are still imperfect problems.It is precisely because of the imperfection of the description rules of movable property guarantee that in judicial practice,the problem of determining the validity of the guarantee of the guarantee product is prominent.In addition,the difficulty of coordination with specificization caused by leniency and relaxation of institutional changes is also a prominent problem that has long plagued practice.This article intends to mainly discuss the trend of relaxation and relaxation of the description rules of security property in my country in the era of "Civil Code",and discuss the outstanding problems in practice.The conflict between the foundation and the liquidity of the creditor’s rights and the inconsistency of judicial decisions are analyzed.Drawing lessons from the innovative guarantee registration form and content of the UK floating mortgage system,the new security property system in Title IX of the U.S.Uniform Commercial Code,and Japan’s experience in the identification of corporate property restrictions,and compared with my country’s practice,it intends to speed up the introduction of security property concessions.The judicial interpretation shall be slowed down,and the security property registration system shall be unified and improved.Through the analysis of the road strength of comparative research,the current outstanding problems are explored from the perspective of legislative theory and interpretation theory.